kuwaiti labor law_6_of_2010_eng_ver02

Kuwaiti labor law 6 of 2010_ENG_VER02 tuesday 30

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CONTENT

Page

Introduction ……………………………………..

Topics of the law ……………………………..

Text of the law ………………………………..

SECTION I: General Provisions

Article (01): Definitions……………………………………………….

Article (02): To Whom Shall Apply…………………………………..

Article (03): Maritime Labor Contract…………………………………..

Article (04): Petroleum Sector …………………………………………

Article (05): Exclusion …………………………………………………..

Article (06): Minimum Rights …………………………………………….

SECTION II: Employment, Apprenticeship and Vocational Training

Chapter I. : On employment

Article (07): Worker Transfer

Article (08): Notifying the Ministry

Article (09): Employment Bureaus

Article (10): Foreign Workers Employment

Article (11): Discrimination with the Employers

Chapter II: Apprenticeship and Vocational Training

article (12): definition of apprentice

article (13): apprenticeship contract

article (14): termination of apprenticeship contract

article (15): vocation training definition

article (16): terms of vocational training

article (17): wages during training

article (18): duration of work after training

Chapter III: Employment Of Juveniles

article (19): working age of juveniles

article (20): employment of under fifteen

article (21): working hours for juveniles

chapter iv.: employment of women

article (22): working hours for women

article (23): jobs prohibited for women article (24): leave for pregnant worker

article (25): hours for nursing, and establishing nursery

article (26): wages for women

SECTION III.: Individual Employment Contract

Chapter I: Formation of Employment Contract

Article (27): Capacity to Conclude contract

Article (28): Employment Contract Terms

Article (29) : Employment Contract Language

Article (30): Duration of Employment Contract

Article (31): Maximum duration of contract

Chapter II: The obligations of the worker, the employer and disciplines


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Article (32): Probation

Article (33): Assigning Job to Third Party

Article (34): Providing Housing, transportation and Allowances

Article(35): List of Disciplinary Rules

Article (36): Approval of Disciplinary Rules List

Article (37): Imposing Penalty Proceedings

Article (38): Amount of Deduction Limits

Article (39): Suspension of Worker

Article (40): Proceeds of Deductions

Chapter III: Termination of labor contract, and end of service remuneration

Article (41): Discharging the worker with and without compensation

Article (42): Discontinue from Work

Article (43): The worker under Custody

Article (44): Termination of indefinite contract

Article (45): No termination during leave

Article (46): Illegal reasons for termination

Article (47): Compensation for unfair termination

Article (48): Termination without notice and with compensation

Article (49): End of the contract related to the worker terms

Article (50): End of the contract related to the employer

Article (51): Ratio of Entitlement to End of Service Remuneration

Article (52): Cases of Entitlement to End of Service Remuneration

Article (53): Cases of portions of End of Service Remuneration

Article (54): End of Service Certificate

SECTION IV.: System and conditions of work

Chapter I.: Wage

Article (55): Components of Wage

Article (56): Timing and Currency of Wage

Article (57): Proving payment of Wages

Article (58): Illegal change of type of wage

Article (59): Percentage of Deduction

Article (60): Compelling The worker to Purchase Certain Items

Article (61): Paying Wages During Closing Times

Article (62): Working out the Amount due to the worker

Article (63): Minimum Wage Every Five Years

Chapter II: Working Hours and Weekly Leave

Article (64): Daily and Weekly Working Hours

Article (65): Rest Hours

Article (66): Cases of Additional Work and its Wages

Article (67): Weekly Rest

Article (68): Official Holiday per year

Article (69): Sick Leave Duration and Its Wages

Chapter III: Paid Annual Leave

Article (70): Duration of paid annual leave

Article (71): Time to pay annual leave wage

Article (72): Times for annual leaves

Article (73): Compensation for annual leave upon contact expiration

Article (74): Taking back money paid for annual leave

Article (75): Paid schooling leave

Article (76): Leave for Haj (pilgrimage)


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Article (77): Second kin Death Leave

Article (78): Special paid leaves

Article (79): Special leave without pay

Chapter IV: Safety and Professional Hygiene

Sub-chapter (1)

Article (80): File for each worker with all related documents

Article (81): File for records of safety

Article (82): Internal regulations for work system

Article (83): Safety and Health Protections

Article (84): Explaining the risks and means of protections

Article (85): Equipments needed for safety

Article (86): Unhealthy Effects of vocation diseases

Article (87): The worker and safety instructions

Article (88): Insurance for the workers against work injuries

Sub chapter (2): Work Injuries and Occupation Diseases

Article (89): Insurance for work injuries and vocation diseases

Article (90): Formalities to report work injuries

Article (91): Cost of medication for work injuries and terms of treatment

Article (92): Periodical report on work injuries statistics

Article (93): Entitlement for injured worker

Article (94): List of compensation for work injury or vocation disease

Article (95): Cases of not entitling to work injury compensation

Article (96): Suffering vocation disease one year after leaving work

Article (97): Medical report on work injury liability

SECTION V.: Collective Labor Relations

Chapter I.: Workers and Employers Organizations, and Syndicate Rights

Article (98): Right to Association definition

Article (99): Right to association to Kuwaiti workers

Article (100): Rules for establishing an organization

Article (101): The statute of the organization

Article (102): Board of the organization and juridical personality

Article (103): Respecting the applicable laws

Article (104): Prohibited activities for trade unions

Article (105): Providing services inside the enterprises

Article (106): Forming federations and confederations

Article (107): Membership in Arabic and International organizations

Article (108): Dissolving the organization voluntarily or by legal action

Article (109): Providing rights and obligations documents to the workers

Article (110): Member for the organization affairs

Chapter II: Collective Labor Contract

Article (111): Collective labor contract definition

Article (112): Terms of collective labor contract

Article (113): Duration of collective labor contract

Article (114): Expiration of collective labor contract

Article (115): Violations to the present law

Article (116): Registration of collective contract

Article (117): Levels of conclusion collective contract

Article (118): Levels of application of collective contract

Article (119): Withdrawal or dismissal of a worker

Article (120): Accession to collective contract


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Article (121): Applying collective contract to all workers

Article (122): Filing a case for violation of collective contract

Chapter III: Collective Labor Disputes

Article (123): Definition of collective disputes

Article (124): Negotiations and agreements

Article (125): Request to Reconciliation Commission

Article (126): Formation of Reconciliation Commission

Article (127): Work of Reconciliation Commission

Article (128): Arbitration Panel formation

Article (129): Arbitration Panel work

Article (130): Arbitration Panel competence

Article (131): Interfere without request

Article (132): No suspension of the worker in dispute

SECTIONS VI.: Labor Inspection and Penalties

Chapter I.: Labor Inspection

Article (133): Labor inspector competence

Article (134): Labor inspector work

Article (135): Labor inspector and violations

Article (136): Labor inspector and unclassified works

Chapter II: Penalties

Article (137): Penalty for violating articles 8 and 35

Article (138): Penalty for violating article 10


Article (140): Penalty for violating articles 13 and 134

Article (141): Notices and removal of violations


SECTION VII : Closing Provisions

Article (143): Formation of consultative Commission

Article (144): No legal action after one year

Article (145): Working out the rights of the worker

Article (146): The worker's Petition to the labor department

Article (147): The dispute in the court

Article (148): Regulations for the present law

Article (149): Repealing law 38 of 1961

Article (150): Enforcement of the present law


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Law No. 6 of 2010

Concerning Work in the Private Sector

Having reviewed the Constitution, and

Penal Code, promulgated by Law No. 16 of 1960, and the amending laws

thereof, and

Law No. 38 of 1964 concerning work in the Private Sector, and the amending

laws thereof, and

Law of Social Affairs, promulgated by Amiri Order, by Law No. 61 of 1976,

and the amending laws thereof,

Law Decree No. 28 of 1980, promulgating the law of maritime commerce, and

the amending laws thereof, and

Law Decree No. 38 of 1980 on promulgating the Civil and Commercial

Procedure code, and

Law Decree No. 67 of 1980 on promulgating the Civil Law,

Law Decree No. 64 of 1987 on establishing labor chamber in the first instance

court, and

Law Decree No 23 of 1990 concerning the Judiciary organization Law, and

the law amending thereof, and

Law No. 56 of 1996 concerning promulgating the industry law, and

Law No. 1 of 1999 concerning Foreigners Health Insurance, and imposing

fees on medical services, and

Law No. 19 of 2000 concerning promoting national workmanship,

encouraging working in non governmental bodies, and

The National Assembly has approved the text of the following law, and we have

ratified and enacted it.

SECTION I

General Provisions

Article (1)

In applying the provisions of the present law, the following terms shall mean:

1. The Ministry: the ministry of social affairs and labor.

2. The Minister: the minister of social affairs and labor.

3. The Worker: each male or female who performs a manual or mental work for

the benefit of the employer, and under his management and supervision, in

return for a wage.

4. The Employer: each natural or juridical person employs workers in return for a

wage.

5. The Organization: an association that combines group of workers or

employers, whose business, works or jobs are similar or interconnected. Such

association shall care for their interests, protects their rights, and shall

represent them in all cases related to their affairs.


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Article (2)

The provisions of the present law shall apply to the workers in the private sector.

Article (3)

The provisions of the present law shall apply to the seafarers’ contract as for what is

not covered in the law of maritime commerce law, or where the text of the present law

is more beneficial to the worker.

Article (4)

The provisions of the present law shall apply to Petroleum sector as for what is not

covered in the law of Petroleum Sector Labor Law, or where the text of the present

law is more beneficial to to the worker.

Article (5)

In applying the present law the following categories are excluded:

- Workers who are subject to the provisions of others laws, as for what are

prescribed by such laws.

- Domestic workers, where the competent minister shall issue a resolution

concerning the rules that regulate their relations with the employers.

Article (6)

Without any prejudice to any better benefits or rights, in favor of the worker, set in

the individual or collective labor contract, or in private systems, or in internal

regulations applied by the employer, or are given by virtue of professional practices or

public traditions, the provisions of the present law shall represent the minimum of the

worker’s rights.

SECTION II

Employment, Apprenticeship

And Vocational Training

Chapter (1)

Employment

Article (7)

The minister shall issue resolution on regulating the terms and conditions for hiring

labors in the private sectors, and in particular the following:

1. Terms of transferring labors from an employer to another.

2. Terms of authorization, by an employer to the workers, for a part time work

with another employer.


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3. Date that are required by the employers to report to the ministry as for the

government employees, who are permitted to work for another employer in

times other than government office hours.

4. Jobs, professions and works that are only occupied after passing vocational

tests according to the standards and controls set by the ministry in

coordination with the competent departments.

Article (8)

Each employer shall report the ministry of his demands of workers. He shall report

the ministry annually about the numbers of workers he has, by filling relevant forms,

in according to the terms and controls that are decided by a resolution issued by the

minister.

Article (09)

Public corporation shall be established under the title “Manpower Public

Corporation”. It shall have a juridical person and an independent budget. It shall be

supervised by the minister of social affairs and labor. It shall be assigned with the

jurisdiction, which empowered to the ministry by virtue of the present law. It shall

empowered to import and recruit foreign workers by requests from the employers.

Law for its organization shall be passed within one year form the effective date of the

present law.

Article (10)

It is prohibited for an employer to employ a foreign worker unless he is permitted by

the concerned body to work for such employer. The Minister shall issue a decision to

specify proceedings, documents and fees that should be provided by the employer. In

case of refusal it should be grounded. The amount of the capital should not be a cause

of refusal; otherwise the decision of refusal shall be absolutely null and void.

It is prohibited for the employer to import worker from abroad, or to recruit worker

locally, then he abstains from allowing him to commence the work, or it may be

proved that the employer is not in actual need of his service.

The employer shall incur the expenses of repatriating the worker to his home country.

In case the worker discontinues from work, and he proceeds to work for a third party,

the latter shall bear the expenses of repatriation of the worker, following an abscond

report is filed by the original sponsor against the worker.

Article (11)

It is prohibited for the ministry and the concerned bodies to show any discrimination

or precedence in dealing with the employers upon granting work or transfer

permissions, by granting them to some parties and suspending them for other parties

under any excuse or justification.

For the purpose of organization, the ministry may suspend granting work and transfer

permissions for a period not to exceed two week in the year. It is not allowed to


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exclude certain employer from such suspension during that period. It shall be absolute

null and void any action taken in violation to this article.

Chapter (2)

Apprenticeship and Vocational Training

Article (12)

Apprentice is a person who has completed the age of fifteen years, and has contracted

with a firm with the purpose of learning a vocation within a specified period

according to terms and conditions agreed upon. For matters that are not covered in

this chapter, the vocational training contract shall be subject to the provisions of

employment of juveniles as presented in the present law.

Article (13)

Vocational training contract shall be produced in writing in triple copies. One copy

shall be delivered to each of its parties, and the third one shall be delivered to the

ministry within one week for approval. The contract shall prescribe the vocation,

period of learning, its consequential stages, and gradual remuneration for each stage

of learning. Remuneration at the last stage shall not be less than the minimum wage

for similar work. At any case it is prohibited to calculate remuneration at the base of

production or per piece.

Article (14)

The employer may terminate the apprenticeship contract if the learner breaches his

obligations set by the contract, or periodical reports prove he has no capacity for

learning.

The learner may terminate the contact. The party, willing to terminate the contract

shall serve the other one with a notice of seven days minimum.

Article (15)

Vocational training shall mean theoretical and practical procedures and programs that

provide chances for workers to develop their knowledge and skills, and to acquire

practical education for advancing capabilities and upgrading productive efficiency in

order to qualify them for certain profession, or transferring them to other work.

Training shall be provided in schools or center or facilities which shall satisfy such

goal.

Article (16)

The Minister, in cooperation and coordination with the concerned academic and

vocational bodies, shall decide terms and conditions, required for organizing the

vocational training programs, limits of training hours, theoretical and practical

classes, systems of examination, and certificates to be produced for this purpose and

particularities therein.


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This decision may include obliging one firm or more to provide training for the

workers in centers or institute of another firm, if no training center or institute

available at the first firm’s premise.

Article (17)

The firms that are subject to the provisions of this chapter shall be obligated to pay

full wage to the worker for the period of training whether it is conducted inside or

outside the firm.

Article (18)

Having completed learning or training period, the apprentice and the trainee worker

shall be obligated to work for the employer for duration equal to the period of

apprenticeship or training, with maximum five years. If the worker does not honor

such obligation, the employer is entitled to restore the cost of learning or training in

pro rata to the remaining time supposed to be taken up in by the worker the work.

This article shall not apply to cases of apprenticeship or learning that do not exceed

three months.

Chapter (3)

Employment of Juveniles

Article (19)

It is prohibited to employ persons whose ages are under fifteen years as per Gregorian

calendar.

Article (20)

With a permission form the ministry it could be allowed to employ the persons who

completed the age of fifteen years, but not reach the age of eighteen years, with the

following terms:

- To be employed in non hazardous non harmful industries professions which

are determined by a decision from the minister.

- To be medically examined before starting work, and later at a periodical

intervals not to exceed six months.

The minister shall issue a decision to determine these industries and professions, and

proceedings and schedules of periodical medical examinations.

Article (21)

The maximum working hours for the juveniles are six hours daily, provided that they

are not employed for more than four consecutive hours, followed by at least one hour

brake

It is prohibited to employ the juveniles for additional hours or during the weekly

holidays or the official holidays or from seven p.m. to six a.m.


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Chapter IV Employment of Women

Article (22)

It is prohibited to make women work at night between 10 p.m. and 7 a.m.

This article shall not apply to hospitals, medical centers, private clinics and other

institutions for which a decision shall be issued by the minister of social affairs and

labor. In all institutions, citied to in this article, these employers shall be obligated to

provide security measures for women, and supply transportation to and from the

premise of the work.

The provision of this article shall not apply to working hours in the month of holy

Ramadan.

Article (23)

It is prohibited to employ women in hazardous, arduous or insalubrious work. It is

prohibited to employ them in indecent work that is based upon abusing her gender in

a manner does not comply with the public morals. It is prohibited to employ women

in the locations that provide services to men only. Such works shall be decided by a

decision to be issued by the minister of social affairs and labor after consulting with

the consultative committee for labor affairs, and the concerned organization.

Article (24)

The pregnant worker is entitled to paid leave, which shall not deducted from her other

leaves, for a period of seventy days, provided that delivery be in-between such leave.

Upon expiry of delivery leave, the employer may grant her unpaid leave upon her

request for a period not to exceed four months for nursing the infant. They employer

is prohibited to terminate the contract of the woman during that delivery leave or

during absence from work as a result of health disorder, to prove by a medical

certificate, it is connected with pregnancy or delivery.

Article (25)

Female worker shall be granted two hours during working time for nursing, according

to terms and conditions specified by a decision from the minister. The employer shall

establish a nursery for the children under the age of four years inside the premises of

the work where the number of female workers exceeds fifty persons, or the number of

the workers exceeds 200 persons.

Article (26)

The female worker is entitled to receive the same wage of the male worker if she is

doing the same work.


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SECTION III

Individual Employment Contract

Chapter 1

Formation of Employment Contract

Article (27)

A person who completed the age of fifteen years old shall have the capacity to

conclude employment contract if it is indefinite period. If the contract is definite

period its span should not exceed one year till the worker reach the age of eighteen

years old.

Article (28)

Employment contract shall be concluded in writing, in particular indicating the date of

conclusion, date of expiry, the salary, duration of the contract if it is a definite, and

nature of wok. It shall be produced in triple copies. One copy shall be given to each

party and the third one to be delivered to the concerned body in the ministry. If

employment contract is not recorded in a document it shall be considered as actual in

force. In this case the worker may prove his rights by all ways of evidence, whether

the employment contract is a definite or not, it is not allowed to reduce the wage of

the worker during the term of the contract. It shall be absolute null and void as it is

against the public order, any agreement, prior or posterior the effectiveness of the

contract, which violates that article.

It is not permitted for the employer to assign a work to the worker that does not

comply with the nature of job indicated in the employment contract, or it does not suit

the qualification or experience of the worker, upon which contract is concluded.

Article (29)

All contracts shall be produced in Arabic. Translation to any other languages may be

added to the contract. When dispute arises the Arabic version shall prevail. The

provision of this article shall apply to all communications, announcement, regulations

and circulations that are passed by the employer to his workers.

Article (30)

If the contract is a definite it should not exceed five years and not to be less than one

year. Upon expiry the contract may be renewed by the consent of the two parties.

Article (31)


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If the employment contract is a definite and the two parties continue in enforcing it

after expiration date, the contract shall be considered renewable for similar period

with terms therein, unless the two parties agree to renew it with other terms. In all

cases renewal should not affect the due rights provided the previous contract.

Chapter (2)

The obligations of the worker,

The employer and disciplines

Article (32)

Probation period shall be specified in the employment contract provided that it shall

not exceed one hundred working days. Either party may terminate the contract during

probation without a notice. If the contractor is terminated by the employer he is

obligated to pay end of service remuneration to the worker for his work duration

according to the provisions of the present law.

It is prohibited to employ the worker under probation with one employer more than

once. The minister shall issue a decision to regulate terms and conditions of work

during probation.

Article (33)

If an employer subcontracts a job of his work or a part of it to another employer,

under same circumstances of performance, the assignee employer shall treat the

workers of the original employer as equal to his workers in all rights. Both employers

are jointly responsible in fulfilling that.

Article (34)

The employer, who is contracted to implement a governmental project, or who

employs workers in a remote areas, far from dwellings, is obligated to provide free of

charge the workers with convenient housing, in addition to transportation to the areas

far from dwellings. In case not providing housing he shall a suitable housing

allowance. A decision by the minister shall decide the areas far from dwellings and

the terms and conditions of suitable housing and the housing allowance.

In all other cases in which the employer is obligated to provide housing to his

workers, the provisions of the decision, mentioned in the previous paragraph, shall

apply as for the terms of the suitable housing and the amount of housing allowance.

Article (35)

The employer shall place in viewable location in the work premise a list of

disciplinary rules, which may be imposed on violating workers. In preparing of

disciplines the following should be considered:

a. To enlist violations that may be committed by the worker, and penalty to each.

b. To include gradual penalties for violations.


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c. No more one punishment for one violation shall be imposed.

d. The worker shall not be punished for a violation he commits after fifteen days

have elapsed from the date of confirming the violation.

e. The worker shall not be punished for a matter he commits outside the work

premise, unless it is related to the work.

Article (36)

Before applying, the employer shall have the disciplinary rules approved by the

ministry. The ministry may amend it according to the nature of the business in the

firm, or conditions of the work to comply with the provisions of the present law.

The ministry shall refer this regulation to the concerned organization if exists. If there

is no concerned organization, the ministry shall refer to the general trade union for

providing comments and suggestions on this regulation.

Article (37)

No penalty shall be imposed on the worker without notifying him in writing of what

he is accused of, hearing his statement, and investigating his pleas. All these matters

shall be recorded in a report to be entered in the worker own file. The worker should

be notified in writing of what penalty is imposed on him in term of type, amount,

reasons, and the next penalty he may suffer in case of recidivism.

Article (38)

It is not allowed to deduct amount form the worker wage more than five days per

month. If the penalty exceeds more than that amount, the excessive portion shall be

deducted from the wage in the next month or the following months.

Article (39)

The worker may be suspended for the interest of the investigation conducted by the

employer or his representative, for a period not to exceed ten days. If investigation

proves he is not liable, his wage for the period of suspension shall be paid to him.

Article (40)

The employer shall collect the proceeds of the deduction of workers wages into a fund

which shall be allocated for spending on social, financial and cultural affairs that

bring benefits to the workers. Penalties of deduction, which are imposed on workers,

shall be recorded in a special registry, which shall indicate the worker name, amount

of deduction and reason of imposing it.

In case of liquidating the firm, the proceeds of deductions available in the fund shall

be distributed to the workers, present at the time of liquation, each in proportional to

the period of his service. The Minister shall issue a decision on controls that regulate

the referred fund and method of distribution.


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Chapter (3)

Termination of Labor Contract, And End

Of Service Remuneration

Article (41)

Taking into consideration the provision of article (37) of the present law:

a. The employer may discharge the worker without a notice, compensation nor

reward, if the worker commits one of the following acts:

1. If the worker commits wrong action which results in gross

loss to the employer.

2. If it is proved that the worker is employed as a result of fraud

and deceit.

3. If the worker disclosed private secret of the firm which

caused or may have caused inevitable loss

b. The employer may terminate the worker in one of the following cases:

1. If a final judgment is passed against the worker in an offence

involving moral turpitude.

2. If he commits immoral or indecent act in the work premise.

3. If he assaults one of his associates or the employer or his

representative during working hours or because of the work.

4. If he fails to observe any of his obligations as stipulated by

the employment contract and the provisions of the present

law.

5. If it is proved that he repeatedly violates the instructions of

the employer.

In these cases, dismissal shall not deprive the worker from end service remuneration.

c. Dismissed in one of the mentioned case, the worker has the right to challenge

the dismissal decision before the concerned labor office according to the rules

specified in the present law. If it is proved by final judgment that the employer

has acted abusively in discharging the worker, the latter shall be entitled to end

service remuneration in addition to compensation in return for the corporeal

and moral harms inflicted him. In all cases the employer should report the

decision of dismissal and its causes to the ministry. The ministry shall report

the issue to Restructuring Manpower Authority.

Article (42)

If the worker discontinues work, without acceptable excuse, for seven consecutive

days, or twenty dispersed days during one year, the employer my consider him

virtually resigned. In the case the provisions of article (53) of the present law shall

apply as for the worker’s entitlement to end service remuneration.

Article (43)


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If the worker is detained in protective custody because of charges, raised the

employer, or as a result of judicial sentence but not final one, he shall be considered

suspended from work. The employer is not allowed to terminate his contract till he is

convicted with final verdict.

If he is acquitted from guilt or guilt’s alleged by the employer, the latter is obligate to

pay him his wage for the period of suspension in addition to a fair compensation

which shall be estimated by the court.

Article (44)

If the employment contract is indefinite, each party may terminate it after serving the

other party with a notice. The notice shall be as follows:

a. Three months at least before the expiration of the contract as for the workers

employed by monthly wages.

b. One month at least before the expiration of the contract for other workers. If

the terminating party does not observe the notice time, he shall be obligated to

pay to the other party an amount as notice compensation equal to the wage of

the worker for the same period.

c. If termination is made by the employer, the worker to leave the work for a

complete day in a week, or eight hours during a week to seek another job. He

is entitled to full pay for the day or hours of absence. The worker shall decide

the day and hours of absence, provided that he shall notify the employer of

that at least in the day before leaving.

d. The employer may relieve the worker from work during the notice period. The

service of the worker shall be considered continual till the end of such notice

period, sustaining all arising legal consequences particularly the entitlement of

the worker for his wage for the notice period.

Article (45)

It is not allowed for the employer to use his right in terminating the contact,

empowered to him by virtue of the previous article, during the time in which the labor

is enjoying one of the leaves stipulated in the present law.

Article (46)

It is prohibited to terminate the service of the worker without a reason, or because of

his guild activities, or because he claims his legal rights, or exercising them in

according to the provisions of the present law. In addition it is prohibited to terminate

the service of the worker because of gender, origin or religion.

Article (47)

If the labor contract is indefinite and one party terminates it unfairly, such party shall

be obligated to compensate the other party for damages he suffers. The amount of

compensation shall not exceed what is equal to the wage of the worker for the

remaining period in the contract. Upon assessment of damages to each party, it should

be taken into account prevailing customary practice, nature of work, term of the


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contract, and in general all considerations which shall affect damage in term of its

actuality and extents. Any debits that may be due to the other party shall be deducted

from the amount of compensation.

Article (48)

The worker may terminate the contract without a notice, while being entitled to end of

service remuneration, in any of the following cases:

a. If the employer does not observe the text of the contract, or the provisions of

the law.

b. If he suffers an assault from the employer or his representative or it is incited

by any one of them.

c. If to continue in work shall threaten his safety or health according to a

decision, issued by the medical arbitration commission in the Ministry of

Health.

d. If at the time of contracting, the employer, or his representative use fraud and

deception concerning the terms of the employment.

e. If the employer accuses him of a criminal act, and he is acquitted by virtue of

a final judgment.

f. If the employer or his representative commit indecent or immoral act against

the worker.

Article (49)

The employment contract shall come to an end by the death of the worker, or if it is

established the worker’s disability to carry out his work, or because of an ailment

that consumes up all his sickness leave. All these shall be established by medical

certificates, approved by the official concerned medial departments.

Article (50)

The employment contract shall be come to an end in the following case:

a. Passing a final decision of bankruptcy of the employer.

b. Closing down the firm ultimately.

In case the firm is sold or merged with another entity, or is transferred by inheritance

or legacy or any other legal dispositions, the employment contract shall be valid as

against the successors with the same terms mentioned in it. The obligations and rights

of the previous employer towards the workers shall be transferred to the substitute

employer.

Article (51)

The worker is entitled to end service remuneration as follows:

a. He is entitled to wage of ten days for each year of service in the first five

years. He is entitled to wage of fifteen days for each following yea. The

remuneration should not exceed the wage of one year. This is applied for

workers who receive their wage per day, week or hour or per piece.


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b. Wages of fifteen days for each year of service in the first five years. He is

entitled to wage of one month for each following year. The remuneration

should not exceed the wage of one year and half. This is applied for the

workers who receive their wage per month.

The worker is entitled to remuneration for the fraction of the year in

proportional to what he spends in the work. Any debits or loans that are owed

by the worker shall be deducted from his due end service remuneration.

Upon working out this calculation, the provisions of the social insurance law

should be taken into account. The employer shall be obligated to pay the net

difference between the amounts he bears in return for enlisting the worker in

the social insurance, and the due amounts for service end remuneration.

Article (52)

Taking into consideration the provision of article (45) of the present law, the worker

is entitled to end of service remuneration as stipulated in the previous article in full in

the following cases:

a. If the contract is terminated by the employer.

b. If an indefinite contract is expired without renewal.

c. If the contract is terminated according to the provisions of articles (48, 49 and

50) of the present law.

d. If a female worker terminates the contract because of her marriage within a

period of one year from the date of marriage.

Article (53)

The worker is entitled to half of the remuneration prescribed in article (51) if he

terminates the indefinite contract, and his service duration is not less than three years

and does not reach five year. If his service period amounts to five years but does not

reach ten years he shall be entitled to two thirds of the remuneration. If his service

period amounts to fifteen years he shall be entitled to a full remuneration.

Article (54)

The worker, whose contract is expired, is entitled to receive an end of service

certificate which shall include details of his service duration, his job, and last wage he

receives. It is not allowed to include any phrases in the certificate that offend to the

worker, nor to issue in a form that may abate expressly or implicitly chances of work

for him. The employer shall be obligated to return back to the worker all documents,

confiscates or tools that the worker has delivered to him.

SECTION IV

System and conditions of work

Chapter (1)

Wages


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Article (55)

Wage is what the worker receives as a basic pay or he should receive in return for his

work and out of it, in addition to all items prescribed in the contract or in the

regulation of the employer.

Without prejudice to social raise, and children raise provided by Law No. 19 of 2000,

in calculating the wage, it shall include what the worker receives regularly in form of

raises, remunerations, allowances, grants, gifts or monetary privileges.

If the wage of the worker is decided by a share of the net profit, and the firm does not

yield profit, or makes very little profit that share of the worker does not match with

the work he has completed, the wage should be estimated based upon the wage of an

equal, or according to professional practices or as per equity principles.

Article (56)

Wages shall be paid in one of working day in circulating currency, taking into

consideration the following:

a. The workers, employed with monthly wage, shall receive their wages once at

least every month.

b. Other workers shall receive wages once at least every two weeks.

It is not allowed to delay payment of wages after the seventh day of maturity

date.

Article (57)

The employer, who is hiring workers in according to the provisions of the present law,

must reimburse the due amounts of his workers into their accounts with the local

financial enterprises. A copy of statements, sent by these enterprises, should be sent to

the Ministry of Social Affairs and Labor. A decision form the council of ministers,

based upon the recommendation of the Ministers of Social Affairs and Labor, and

Finance, shall prescribe these enterprises, rules of dealing with these accounts as for

costs, charges, and regulating proceedings in this respect.

Article (58)

It is not allowed for the employer to transfer a worker, working with monthly wage, to

another category without his written consent, and without breach of the worker’s

rights he has gained during his work with monthly wage.

Article (59)

a. It is not allowed to deduct more than 10% o the worker’s wage for payment of

debits or loans due to the employer. The latter should not collect any interests

for these amounts.


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b. It is not allowed to attach the wage due to the worker, nor is it allowed to

waive it or deduct from it except within 25%. This deduction shall be allocated

to debits of alimony, food stuff, or apparel, or other indebts including debits of

the employer. In case of overlapping, the one of alimony shall be advanced

before other debits.

Article (60)

It is not allowed to compel the worker to purchase foodstuff nor commodities

from certain outlets, nor from what is produced by the employer.

Article (61)

The employer shall be obligated to pay the wages of the workers during closing

time, if he deliberately closes the firm in order to force the workers to surrender

and obey his requests. The employer shall be obligated to pay the wages of the

workers during the partial or total discontinuity of the firm for reasons not

pertaining to the workers, as long as he is willing them to continue working for

him.

Article (62)

In calculating the amounts due to the worker, it should be taken into account the

last wage he receives. If the worker receives his age per piece, his wage shall be

worked out by the average of what he has received during the actual working days

in the last three months. Estimation of monetary and in kind privileges shall be

made by dividing the average of what the worker has received thereof during the

last twelve months by the xxxxxxxxxxxx. It is not allowed to reduce the wage of

the worker during the period of his service for whatever reason.

Article (63)

The Minister must issue a decision each five years at maximum to prescribe the

minimum wages in according to the nature of professions and industries. He shall

be guided by the rate of inflation that the country may undergo, after consultations

with the concerned Consultative Commission for Labor and Organization Affairs.

Chapter (2)

Working Hours and Weekly Rest

Article (64)

Without prejudice to the provisions of article (21) of the present law, it is not

allowed to put the workers on work for more than forty eight hours per week, or

eight hours per day, except in the cases provided by the present law. Working

hours in the holy month of Ramadan shall be thirty six hours per week. It is

allowed to reduce the working hours in overstrained or unhealthy works or in

sever conditions by a decision issued by the Minister.


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Article (65)

a. It is not allowed to put the worker on work more than five continuously hours

in daily without a period of rest not less than one hour. Times of break shall

not be included in working hours.

Banking, financial and investment sectors are excluded from provision,

whereas the working time shall be eight consecutive hours.

b. It is allowed after the Minister’s approval to put the workers in work without

rest time for technical reasons or emergency case or in office works provided

that the total of daily working hours shall be, at minimum, one hour less than

the working hours prescribed in article (64) of the present law.

Article (66)

Without prejudice to the provisions of articles (21) and (64) of the present law, it is

allowed with a written order from the employer to put the worker in work for

additional period if is necessary to prevent a dangerous accident, or repair what result

from it, or to avoid assured loss or to face overload in work more than the daily share.

It is not allowed that additional working hours exceed two hours daily, with maximum

one hundred eighty hours per year. Additional working hours shall not exceed three

days per week and ninety days per year. This article shall not obstruct the right of the

worker in proving, with all means of evidence, the assignment of the employer in

working for additional period. Nor it shall intercept the right of the worker in

receiving a wage for the time of the additional work that exceeds the normal fare in

the similar period at the rate of 25%. In working out this wage, the stipulation of

article (56) should be observed. The employer should keep a special record for the

additional works, which shall indicates the dates of additional works, number of

additional working hours, wages for these additional works which are assigned to the

worker.

Article (67)

The worker is entitled to paid weekly rest which is estimated by twenty four

consecutive hours after six days of work. Upon necessity the employer may have the

worker work in his weekly rest time if work conditions require that. The worker shall

receive 50% at least of his wage in addition to his basic wage. He shall be

compensated with another rest day.

The provision of the previous paragraph shall not prejudice working out the rights of

the worker, including his daily wage and his leaves. The right of the worker shall be

calculated by dividing his wage by the number of the actual working days, without

including his weekly rest days, though these rest days are paid.

Article (68)


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The official holidays provided to the worker with full pay are;

a. First day of Al-Hijra Calendar Year ……… One day

b. Day of Esraa and Miraaj ………………….. One day

c. Eid Al-Fitr…………………………………. Two day

d. Wakfat Eid Al-Adha………………………. One days

e. Eid A-Adha………………………………… Two days

f. The Prophet’s Birthday…………………….. One day

g. National Day 25th

February ……………….. One day

h. Liberation Day 26th

February ……………… One day

i. First day of New Gregorian calendar year…. One day

If conditions of work require employing the worker in one of these days, he shall be

entitled to double wage and he shall be compensated with a substitute day.

Article (69)

Taking into consideration the provisions of article (24) of the present law, the worker

is entitled to the following sick leave during one year:

- fifteen days with full pay

- ten days with three quarters of pay

- ten days with half of the pay

- ten days with one quarter of the pay

- thirty days without pay

Sickness that requires a leave shall be proved by certificate from the doctor, who is

appointed by the employer, or the doctor in charge of governmental medical center. If

dispute arises on entitlement of leave or its duration, the certificate issued by the

government doctor shall be the approved one. As for incurable diseases they shall be

excluded by a decision from the concerned minister, in which these diseases are

specified.

Chapter (3)

Paid Annual Leave

Article (70)

The worker is entitled to paid annual leave of thirty days. The worker is entitled to a

leave for the first year only after spending nine month at least in the service of the

employer. Official holidays and sickness leave shall not be calculated within the

annual leave if any comes in between. The worker is entitled to a leave for the

fraction of the year in proportional to the time he spends in the work, even if it is the

first year of the employment.

Article (71)

The wage, due to the worker for the annual leave, shall be paid to him before

commencing it.

Article (72)


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The employer is entitled to decide the time of the annual leave. The employer may

divide it, after the first fourteen days from it, upon the consent of the worker. The

worker is entitled to accumulate his leaves provided that they shall not exceed two

years. He may, after the approval of the employer, take them in one batch. With the

consent of the two parties it is allowed to accumulate the annual leaves for more than

two years.

Article (73)

Without prejudice to the provisions of articles (70) and (71), the worker is entitled to

receive a monetary consideration in return for the days of his accumulated annual

leaves if he contract expires.

Article (74)

Without prejudice to the provision of article (72) the worker is not allowed to waive

his annual leave in return of compensation or without it. The employer is entitled to

take back the wages he pays to the worker if it is proved the worker has worded for a

third party during the annual leave.

Article (75)

The employer may grant the worker paid schooling leave to receive higher

qualification in the subject of his work. The worker shall be obligated to work for the

employer for a period equal to the schooling leave with maximum five years. If the

worker breaches such stipulation he shall be obligated to pay back all the wages he

has received during the schooling leave in proportional to what is remaining form the

period he is supposed to spend in work.

Article (76)

The worker, who has spent two consecutive years in working for the employer, is

entitled to have paid leave for twenty one days to travel for Hajj (pilgrimage),

provided that he has never performed such duty before.

Article (77)

The worker, if one of his first or second kin dies, is entitled to a full paid leave for

three days.

The Moslem woman worker, if her husband dies, is entitled to a full paid leave for the

period of four months and ten days. It is prohibited for her to do any work for a third

party during such leave. Terms and conditions of such leave shall be regulated by a

decision from the Minister.

Non Moslem woman worker, whose husband dies, shall be entitled to a full paid leave

for twenty one days.

Article (78)


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The employer may grant the worker a special paid leave to attend periodical and

social conferences and meetings of the workers unions.

The minister shall issue a decision on terms and rules of granting such leave.

Article (79)

The employer may grant the worker, upon his request, a special leave without pay

other than the leaves referred to in this chapter.

Chapter IV

Occupational Safety and Hygiene

Sub-chapter (A)

Article (80)

Every employer shall keep a file for each worker that include a copy of work permit,

copy of employment contract, copy of Civil Identification card, documents for annual

leaves, sickness leaves, overtime reports, work injuries reports, vocational diseases

reports, penalties imposed upon him, date of service expiration, reasons for service

expiration, a copy of receipts proving that the worker has received back all what he

has delivered to the employer in form of documents or tools or experience

certificates, after his employment is ended.

Article (81)

The employer shall keep records of professional safety according to the forms and

controls, which are issued by a decision from the minister.

Article (82)

The employer shall announce in a viewable location in the work premise a regulation,

approved by the concerned labor department, which in particular indicates daily

working hours, break times, weekly rest day, and official holidays.

Article (83)

The employer shall take all safety precautions, necessary for protecting the workers,

machinery, materials being processed in the firm, and visitors against the risks of the

work. He shall provide safety and professional hygiene tools required for this

purposes. In this respect a decision shall be issued by the minister after consulting

with the concerned bodies.

Article (84)

The employer should explain to the worker, before commencing the work, the risks he

may be exposed to, and means of protections he should follow. The minister shall


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issue special decisions concerning instructions and warning signs which should be

placed in a viewable location in the work premise, as well as personal safety tools,

that the employer is obligated to provide in different types of business.

Article (85)

After receiving the opinions of the concerned bodies, the minister shall issue a

decision to determine the types of businesses that must provide equipments and means

needed for safety and professional hygiene of the workers in the firms. Technical and

specialist persons shall be appointed for monitoring how far the firm is meeting the

terms of safety and professional hygiene. The decision shall specify the qualifications

and duties of these technical and specialist persons, the training programs for them.

Article (86)

The employer should to take the precautions, appropriate to protect the worker from

unhealthy effects and profession diseases, which result from practicing such vocation.

He shall provide first aid toolkits and medical services.

After taking the opinion of the ministry of health, the minister shall issue a decision

that regulate measures of precautions, a table of occupation diseases, industries and

occupations that cause them, and table of harmful materials and the admissible

percentage of concentration.

Article (87)

The worker must use the protection means. He shall undertake to use what are

provided to him carefully. He shall carry out the instructions, set for his safety, health,

and protecting him from injuries and diseases.

Article (88)

Taking into consideration the provisions of social insurance law, the employer is

obligated to provide insurance for his workers against work injuries and occupation

diseases by one of the insurance companies.

Sub-section (B)

Work Injuries and Occupation Diseases

Article (89)

Upon the application of the provisions related to work injuries according to the social

insurance law, for insured persons subject to this system of insurance, such

provisions shall replace the following provisions, mentioned in the next articles as for

work injuries and occupational diseases.

Article (90)


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If the worker is injured in an accident as at result of the work, or during it, or on the

way to it, or in way back from it, the employer must report the accident, the moment it

happens, or the moment he knows about it, based upon the situation, to each of:

a. Police station, in whose jurisdiction the work premise is located.

b. Labor Department, in whose jurisdiction the work premise is located.

c. Social Insurance Corporation, or the insurance company, with which the

workers are insured against work injuries, and occupational diseases.

The worker may report the accident if his conditions allow that, and it is allowed

that one, on his behalf, may report the accident.

Article (91)

Without prejudice to the provisions of law Number (1) of 1999 concerning Foreigners

Health Insurance, and imposing fees against medical services, the employer shall

incur the cost of treatment for the worker, who is injured by a work injury or

occupational disease in one of the governmental hospitals, or private dispensaries

which are decided by the employer, including the cost of medication and

transportation.

The physician, who is in charge of treatment, shall decide the duration of the

treatment, percentage of disability resulting from injury, the extent to which the

worker shall be able to resume performing the work.

It is allowed for the worker and the employer, by an application to be submitted to the

concerned department, to object to the medical report within one month from the date

of knowing about it, before the medical arbitration commission in the ministry of

health.

Article (92)

Each employer must provide periodically the concerned ministry with statistics on the

work injuries and occupational diseases that take place in his firm. The Minster shall

issue a decision on these periods.

Article (93)

The worker, who is inflicted with work injury or occupational disease, shall be

entitled to receive his wage during the period of treatment, which shall be decided by

the physician. If the duration of treatment exceeds six months, the worker shall be

paid half of his wage till he is cured, or his disability is proved, or he dies.

Article (94)

For the injured worker, or his successors, shall have to receive compensation for work

injury or occupational disease, according to a table issued by a decision form the

minister, after taking the opinion of the minister of health.

Article (95)


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The worker shall loose his right in compensation if investigations prove:

a. The worker deliberately injuries himself.

b. Injury is a result of deliberated mischief and misbehavior from the worker. It

shall be assumed equally the same any act committed by the worker under the

effects of alcohol or drugs. The same shall apply to any violations to the safety

and protection instructions that are related to protecting from risks of work and

occupation harms, which are placed in a viewable location in the work place,

unless injury leads to the death of the worker, or results in permanent

disability, at the rate exceeds 25% from total disability.

Article (96)

If a worker is inflicted with one of the occupational disease, or suffers symptoms of

an occupational disease during service or within one year after leaving the work, he

shall be subject to the provisions of articles (93, 94 and 95) of the present law.

Article (97)

1. The medical report on the injured worker, issued by the physician who is in

charge of treatment, or the medical arbitration commission, shall decide the

responsibility of the former employers. Those employers shall be liable, in

proportional to the period the worker has served with each, if industries and

occupations they are managing could result in such disease that the worker

suffers from.

2. The worker, or his successors, shall receive the compensation, stipulated in

article (94) from the Public Social Insurance Corporation, or from the

insurance company, based upon the situation. Each of them is entitled to have

recourse against the former employers as for their obligations, prescribed in

paragraph (1) from this article.

SECTION V.

Collective Labor Relations

Chapter (1)

Workers and Employers Organizations, and Unions Rights

Article (98)

Right to form association for the employers and right to form trade unions for workers

are guaranteed by virtue of the provisions of the present law. The provisions of this

section shall apply to the workers in the private sector. Its provisions shall apply to the

persons working in the governmental and oil sectors, in matters which do not conflict

with the laws that regulate their affairs.

Article (99)


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All Kuwaiti workers have the right to form amongst them associations, that care for

their interests, seek to improve their financial and social standings, and represent all

their own issues. Employers have the same right to form unions with the same goals.

Article (100)

In establishing an organization, the following shall be followed:

1. A number of workers, or a number of employers, who are willing to establish

an organization, shall meet as a general constituent assembly for either of the

two teams. This meeting shall be advertised in two daily newspapers at least,

in a date not to be less than two weeks before holding the general meeting.

Venue, time and purposes of the meeting shall be specified in the

advertisement.

2. The general constituent assembly shall approve the statue of the organization.

It may be guided by the model statute, which will be issued by a decision of

the minister.

3. The constituent assembly shall elect the board of directors in accordance with

the provisions prescribed in its statute.

Article 101

The statute of the organization shall provide objectives and purposes for which it

is established, terms of membership, rights and obligations of its members, fees to

be collected from the members, powers of ordinary and non ordinary general

assembly, numbers of the members in the board of directors, terms for the office

of the directors, term of the board, powers of the board, rules of the budget,

formalities for amending the statute, proceedings for dissolving the organization,

methods of liquidating its funds, books and records to be kept and rules of self-

monitoring.

Article 102

The elected board shall, within fifteen days from the date of election, deliver the

documents of establishing the organization to the ministry.

Juridical personality shall be attributed to the organization from the date the minister

approves its establishment, following filing all complete relative documents with the

ministry.

The ministry may guide and instruct the organization concerning correction of

formalities of completing documents required for establishing before registration. If

the ministry does not reply within fifteen days from the date of filing the documents,

the juridical personality shall be attributed to the organization by force of law.

Article (103)

Upon availing the rights mentioned in this section, the workers and the employers and

their respective organizations should respect all applicable laws in the state. They


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should act in orderly manners, comparable to all other organized entities. They should

exercise their activities within the limits of objectives, provided in the statute of the

organization without any over passing or violating these objectives.

Article (104)

The ministry shall guide the trade unions, and the employers' associations on the

proper application of the present law, how to make entries into their own financial

records and books, and shall guide them to make up for deficiency in data and entries,

made into records.

It is prohibited for the organizations:

a. To involve in political, religious or sect issues.

b. To invest its funds in financial or real estate speculation or any other type of

speculations.

c. To accept gifts, grants or legacies only after informing the ministry.

Article (105)

After the approval of the employer and the concerned departments in the ministry, the

trade unions are allowed to open canteens and restaurants for serving the workers

inside the enterprise.

Article (106)

Trade unions that are formed pursuant to the provisions of this section are allowed to

form, amongst each others, federations which care for their common interests.

Federations, which are registered by virtue of the provisions of the present law, may

form one general confederation, provided that there will be no more than one

confederation for the workers and for the employers. Federations and confederations

shall be formed by applying the same measures for forming the trade unions.

Article (107)

The federations and the general confederation is allowed to become a member in any

other Arabic or international confederations, they deem their interests are connected

with. They should report the ministry of the date of affiliation. In all cases such

affiliation should not conflict with public order, or the supreme interests of the state.

Article (108)

The organizations of the employers and the workers may be voluntarily dissolved by a

decision issued by the general assembly pursuant to the statute of the organization.

After dissolving, the end of the assets and funds of the organization shall be decided

by the decision made by the general assembly in case of voluntary dissolution.

The board of the directors of organization may be dissolved by filing a legal action by

the ministry before the first instance court. The court shall rule out dissolution of the

board if it commits a breach to the provisions of the present law and laws related to


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public orders and morals. This ruling may be appealed within thirty days from the

date of issue before the appeal court.

Article (109)

The employers should provide the workers with all decisions and regulations that are

related to their rights and obligations.

Article (110)

The employer may assign one worker or more, from the member of the board of union

or federation, to be entirely engaged in handling the organization's affairs with the

employer office, or the concerned department in the state.

Chapter II

Collective Labor Contract

Article (111)

Collective labor contract is this agreement that regulates terms and conditions of work

between one or more trade unions and one or more employers or the organization that

represent them.

Article (112)

Collective labor contract should be in writing and signed by the worker. It should be

presented to the general assembly for each of the organization of the trade union and

the employers, or to its both parties. Its members should approve the contract in

according to the provisions of the articles of association of the organization.

Article (113)

The collective labor contract should be definite provided that its term shall not exceed

three years. If its parties continue in implementing it after expiration, it shall be

considered as renewed for one year with the same terms motioned in it, unless terms

of contract requires otherwise.

Article (114)

If one party of the collective labor contract wishes not to renew the contract after

expiration, he should notify the other party and the concerned ministry three months

at least before the date of expiration. If the parties of the contract are multiple,

expiration of the contract to one of them does not imply expiration to the others.

Article (115)


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1. It shall be null and void any clause in the individual or collective labor

contracts that violates the provisions of the present law, even if it antecedent in

its enforcing, unless the clause is more beneficial to the worker.

2. it shall be null and void each term or agreement, concluded before applying

this law, of after it, by which the worker waives any of his rights that are

granted by the law. As well, it shall be null and void any compromise or

quitclaim involve reducing or release of the worker’s rights which arise from

the contract during its validity, or three months after expiration as long as

these acts violate the provisions of the present law.

Article (116)

Collective labor contract shall be effective only after registration with the concerned

ministry, and publishing its summation in the official gazette. The concerned ministry

may object to the terms which it deems violating the law. The two parties must amend

the contract within fifteen days from the date of receiving the objection; otherwise the

application of registration shall be null and void.

Article (117)

The collective labor contract may be concluded at the level of the firm, the industry,

or at the national level. If the collective labor contract is concluded at the level of the

industry, it should be concluded by the Union of Industrial Trades Syndications on

behalf of the workers. If it is concluded at the national level, it should be concluded

by the General Union of Workers. The contact, which is concluded at the industry

level, shall be considered amending to the contract, concluded at the level of the firm,

and the contract which concluded at the national level shall be considered as

amending to the other two contracts within the limits of the joint provisions in the two

contracts.

Article (118)

The provisions of the collective labor contract shall apply to:

a. The syndications and unions of the workers, which have concluded the

contract, or have acceded to it after conclusion.

b. The employers, or their organizations, which have concluded the contract, or

have acceded to it after conclusion.

c. The syndications, affiliated to the union which has concluded the contract, or

have acceded it after conclusion.

d. The employer who joined the union which has concluded the contract, or who

have acceded it after conclusion

Article (119)

Withdrawal of the worker from the syndication, or dismissal from it shall not affect

being subject to the provisions of the collective labor contract, if such withdrawal or

dismissal is subsequent to the date of concluding the contract by the syndication, or

the date of acceding to it.


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Article (120)

It is allowed for non contracting parties from the syndications or trade unions of the

workers, or the employers or their organization to accede to the collective labor

contract, after is summation is published in the official gazette. This shall be

completed by the agreement of the two parties which request acceding without the

need for the approval of the original contractors. Accession shall be made by

submitting an application to the concerned ministry signed by the two parties. The

approval of the concerned ministry to the accession application shall be published in

the official gazette.

Article (121)

The collective labor contract which is concluded by the syndication of the firm shall

apply to all the workers of that firm, even if they are not members in such syndication.

This is made with prejudice to the provisions of article (115) of the present law as for

the terms more beneficial to the worker.

Article (122)

The organization of workers or employers, which is a party in a collective labor

contract, is entitled to file all actions arising from breaching the provisions of the

contract, for the interest of any one of its member, with no need for a power of

attorney from him.

Chapter III

Collective Labor Disputes

Article (123)

Collective labor disputes are these disputes that arise between one and more of the

employers and all his workers or a group of them because of the work, or because of

the terms of the work.

Article (124)

If a collective dispute arises, the two parties have to recourse to direct negotiations

between the employer or his representative and the workers or their representative.

The concerned ministry may assign a representative to attend such negotiations on its

behalf in the capacity of an observer.

If an agreement is reached between the parties, this agreement should be registered

with the concerned ministry within fifteen days according to the rules, which shall be

decided by a decision from the minister.

Article (125)


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If direct negotiations do not result in solving the dispute, each of the parties of

disputes is allowed to submit a request to the concerned ministry for solving the

dispute amicably through the Reconciliation Commission for collective labor dispute,

which shall be formed by a decision from the minister.

The request should be singed by the employer or his authorized representative, or by

the majority of the disputing workers or who is empowered to represent them.

Article (126)

A commission for conciliation in labor disputes as follows:

a. Representatives selected by the syndication or the disputing workers.

b. Representatives selected by the employer or the disputing employer.

c. The head of the commission and representatives on behalf of the concerned

ministry, who shall be appointed by the concerned minister by virtue of

decision in which the number of the representatives of the disputants shall be

decided as well.

The commission may seek the consultation whomsoever it deems necessary for

completing its task. In all the previously mentioned stages the concerned ministry

may request the information it deems necessary to solve the dispute.

Article (127)

The conciliation commission should bring the dispute to an end within one month

from the date of receiving the application. If it manages to settle the matter totally

or partially, it should record what agreed upon in triple copy report. The report

shall be signed by the present parties. It shall be final and binding to the two

parties. If the conciliation commission could not manage to settle the dispute

within the set time, it should refer it, or refer what they agreed upon thereof,

within one week from the date of its last meeting to the Arbitration Panel,

enclosed with all relative documents.

Article (128)

An arbitration panel for labor disputes shall be formed as follows:

1. One chamber of the appeal court, which shall be designated by the general

assembly of this court annually.

2. Head of public prosecution district, who shall be designated by the Attorney

General.

3. Representative for the concerned ministry, who shall be designated by its

minister. The parties of the dispute or their empowered representatives shall

appear before the arbitration panel.

Article (129)

The arbitration panel shall decide the dispute within a time limit not to exceed twenty

days from the date its papers arrive to the Clerks Office. Each party of the dispute


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should be served a notice of the date of the hearing at least one week before holding

the proceedings. Decision on the dispute should be completed within a time limit not

to exceed three months from the date of first session, held for hearing the dispute.

Article (130)

The arbitration panel shall have all competences of the appeal court in according to

the provisions of the Judiciary Regulation Law, and Civil and Commercial Procedure

Law. Its rulings shall be grounded, and shall be conclusive equal to rulings passed by

the appeal court.

Article (131)

As an exception from the provisions of article (126) of the present law, the concerned

ministry may, in case of collective dispute, if it is necessary, to interfere without a

request from the disputant parties, to solve the dispute amicably. It may refer the

dispute to the conciliation commission or the arbitration panel as it deems appropriate.

In this case, the disputants should deliver all the documents, requested by the

concerned ministry. They should appear upon summoning them.

Article (132)

It is prohibited for the parties of the dispute to suspend the work totally or partially

during the time of direct negotiation, or hearing the dispute before the conciliation

commission, or before the arbitration panel, or because of the ministry’s interference

by virtue of the provisions of this section.

Sections VI.

Labor Inspection and Penalties

Section (1)

Article 133

The competent public officials, who shall be designated by a resolution issued by the

minister, shall have the capacity of law enforcement officers, for the purpose of

monitoring enforcement of the present law, and its executive regulations and

resolutions. These officials shall perform their work in honest, impartial and unbiased

way. They shall be committed not to disclose secrets of the works of the employers,

which may come to their knowledge by reasons of their office. Each of them shall

swear the following oath before the minister: “I do swear by Almighty God to

perform my duties in honest, biased, impartial and true manner and to keeps the

confidentiality of the information that may come to my knowledge by reasons of my

office, even after leaving the public service”

Article 134


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The public officers, referred to in the previous article, shall have the right to access all

premises during the official office hours, to examine records and books, to require

producing data and information related to workers’ affairs. For such purpose the

public officers have the right to examine and collect samples of the materials being

used. They have the right to access the locations, provided by the employers for

services of the workers. They may request the public authority assistance in order to

discharge their duties. They are empowered to prepare a contravention report to the

employers, to grant them due time to clear off such violation, and to send the

contravention report to the competent court to impose the penalty prescribed in the

present law.

Article 135

In case the employer has violated the provisions of articles No. 83, 84 and 86 of the

present law and resolutions thereof, the officers, assigned with inspection shall

produce contravention report, and submit it to the competent minister, who, in

coordination with other competent departments, shall issue a resolution for total or

partial closing of the premise or ceasing to operate certain machine or machinery to

the time of clearing away the contravention.

Article (136)

The officers, assigned with inspection, shall have the power to produce contravention

report to the workers, who work without fixed working point. For this purpose the

officers may request the assistance of the public authorities, and they may coordinate

with the competent departments as for the stuff, left by such workers when no owner

could be identified.

Chapter (2)

Penalties

Article (137)

Without prejudice any server penalty, prescribed by another law, any person violates

the provisions of articles 8 and 35 of the present law, shall be punished by a fine not

to exceed five hundreds Dinar. In case of repeat within three years from the final

judgment, the penalty shall be doubled.

Article (138)

Without prejudice any server penalty, prescribed by another law, he shall be punished

by imprisonment for a period not to exceed three years, and a fine not less than one

thousand Dinar, and not to exceed five thousands Dinar or one of the two penalties,

the person who violates the provisions of the third paragraph from article (10) of the

present law.

Article (139)


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In case violating the provisions of article (57) of the present law, the employer shall

be punished by a fine not to exceed the total of the amounts due to the workers, which

he defers in paying them, without prejudice to his obligation to pay these due amounts

to the workers with the same proceedings, prescribed in the referred article (57).

Article (140)

Without prejudice to any server penalty, prescribed by any other law, he shall be

punished by a fine not to exceed one thousand any person who does not allow the

competent officers, designated by the minister, to perform their duties, prescribed in

the two article (133 and 134) of the present law.

Article (141)

Without prejudice to any server penalty, prescribed by any other law, a person

violates the remaining provisions of the present law and its executive decisions shall

be punished as follows:

a. The violator shall be served with a notice to correct the violation within a time

limit decided by the ministry, provided it shall not exceed three months.

b. If the violation is not removed within the time limit, the violator shall be

punished with a fine not less one hundred Dinar, not to exceed two hundreds

Dinar for each worker, a violation is committed in connection with him. In

case of repeat within three years from the date of passing the final judgment,

the penalty shall be doubled.

Article (142)

He shall be punished with an imprisonment for a period not to exceed six months and

fine not to exceed one thousand Dinars, or by one of these two penalties, this who

violates suspension or closing orders, passed in applying the provisions of article

(135), without removing the violations which he is notified about by the concerned

inspector.

Section VII

Closing Provisions

Article (143)

Consultative Commission for labor affairs shall be formed by a decision from the

minister. It shall include representatives for the ministry, and Restructuring

Manpower Authority, and the executive authority, and the employers and workers

organizations, and whosoever is deemed by the minister. The function of the

commission shall be showing opinions on the subjects, presented the minister. The

decisions shall contain the proceedings for inviting the commission, system of work

inside it, and manner of raising its recommendations.

Article (144)


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Upon denial and after one year from the date of labor contract expiration, legal

actions that are filed by the workers, by virtue of the provisions of the present law,

shall not be heard. Denial shall subject to the provisions of paragraph (2) of article

(442) of the civil law. Lawsuits which are files by the workers, or their representatives

shall be exempted from judicial charges. However, upon refusal the case, the court

may sentence the plaintiff to pay all or part of the charges. Labor cases shall be heard

in speedy session.

Article (145)

As an exception from the provisions of article (1074) of the civil law, the rights of the

workers, decided by the provisions of the present law, shall be preferential ones on all

funds of the employer whether movables or real estates save the private housing.

These amounts shall be collected after the judicial charges, amount due to public

treasury, and expenses of ---- and repairs.

Article (146)

Before filing a lawsuit, the worker, or his representatives, should submit a petition to

the concerned labor department. The department shall summon the parties of disputes

or their representatives. If the department does not manage to settle the dispute

amicably, it should, within one month from the date of filing the petition, refer it to

the first instance court to decide it.

Referral shall be completed through a memorandum including summary of the

dispute, the pleas of the two parties and the notices of the department.

Article (147)

The Clerks Office in the court, within three days from receiving the application, shall

set a session for hearing the lawsuit. The parties of the disputes shall be notified of it.

Article (148)

The minister, after consultation with the employer and workers, shall issue the

regulations and decisions, required for enforcing the present law within six months

form the date of publishing the law in the official gazette.

Article (149)

Law No. 38 of 1964 concerning labor in the private sector shall be repealed. The

workers shall maintain all rights which are prescribed by it before annulment. All

executive decisions, which are passed in execution thereof, shall remain valid, except

where they conflict with the provisions of the present law, till issuing the regulations

and decisions required for implementing the present law.

Article (150)


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The prime minister and the ministers, each within his competence, shall enforce the

present law. It shall be enacted from the date of publishing in the official gazette.

Amir of Kuwait

Sabah Al Ahmad Al Jaber Al Sabah


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Index

90 accident reporting

48 acquittal of the worker

49 ailment, consuming leaves

2 application of law

12 apprentice

14 apprenticeship termination

48 assault against the worker

1 association

98 association, right of

50 bankruptcy of the employer

50 closing down the firm

125,126 collective dispute: Conciliation Commission

114 collective contract renewal

123 collective contract disputes

116 collective contract effectiveness

117 collective contract levels

118 collective contract, apply to

122 collective contract, filing a legal action

119 collective contract, worker withdrawal

128,129 collective dispute, Arbitration

127 collective dispute, ending

132 collective dispute, no work suspension

124 collective disputes, negotiations

111 collective labor contract

112,113 collective labor contract: form, language

29 communication language

47 compensation for termination

95 compensation loss

44 contact, indefinite, termination

48 contract by fraud

28 contract content

30 contract renewal

41 contract termination cases

27 contract, definite

31 contract, definite - continuity

30 contract, definite 5 years

27 contract, indefinite

29 contract, language

28 contract, not written

29 contract, translation

28 contract, written

94 contract: an end

47 contract: indefinite termination

49 death of the worker

38 deduction limits

40 deduction proceeds


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8 demanding workers

49 disability of the worker

35 disciplinary list

36 disciplinary list approval

11 discrimination in permits

80 documents of the worker

5 domestic workers

1 employer

28 employment contract

10 employment, legal

52 end of service: full payment

54 end of service certificate

51 end of service remuneration

51 end of service: partial payment

48 false accusation

7 government employees

68 holidays, name and dates

34 housing

9 importing foreign laborers

48 indecent act against the worker

53 indefinite contract: partial payment

93 injured worker entitlement

94 injured worker compensating

92 injuries and diseases statistics

91 injury treatment

97 injury compensation, who pays

96 injury or disease, retroactive

97 injury, medical report

88,89 insurance for the workers

19 juveniles

21 juveniles' working hours

20 juveniles' works

99 Kuwaiti workers' association

133,134 labor inspection 137 - 142 labor inspection penalties

135,136 labor inspection, violation

78 leave for conference, meetings

72 leave, annual, time

70,71 leave, annual - period, payment

73 leave, annual: compensation

74 leave, annual: no waive

76 leave, Haj (pilgrimage)

77 leave, husband's death

75 leave, paid schooling

77 leave, pass away of kin's

79 leave, special without pay

27 legal capacity

9 manpower corporation

1 manual work

22 medical working hours

1 mental work

6 minimum rights

63 minimum wage


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1 minister, the

1 ministry, the

77 Muslim wife: husband's death

86 occupational disease

91 occupational diseases

100 organizations, establishing

1 organization

103 organization members duties

102 organization, elected board

102 organization, judicial personality

101 organization, statute

106 organization: forming federation

107 organization: international membership

108 organizations dissolution

104 organizations: illegal actions

105 organizations: own services

7 part time job

35 penalties in work

37 penalty after notice

4 petroleum sector

32 probation period

32 probation once

60 purchase the employer's products

22 Ramadan working hours

10 recruitment for no job

44 release on notice period

10 repatriating cost

84 risks in the workplace

85 safety equipment

83 safety and protection

84 safety instructions

81 safety, occupational

3 seafarers contract

69 sick leave, duration

69 sick leave payment

49 sickness, prolonged

89 social insurance

78 special paid leave

33 subcontracting

50 successor of the employer

41 termination with no compensation

32 termination during probation

46 termination for social activity, no

47 termination unfairly

41 termination with compensation

48 termination with no notice

46 termination with no reason

41 termination without notice

44 termination, notice period

41 termination, objecting

7 terms of transferring

88 the worker's insurance

87 the worker and safety

18 trainee's term of work


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11 transfer permits

34 transportation

16 vocational certificates

15 vocational programs

7 vocational tests

13 vocational training contract

61 wage during closing time

17 wage during training

28 wage, no reducing

58 wage: change category

56 wage: currency and times

59 wage: deduction from

57 wage: in bank account

55 wage: share in profit

55 wage: what it is

79 without pay special leave

24 woman : no termination

26 woman equal wage

25 woman: daily nursing break

24 woman: delivery leave

25 woman: nursery in the workplace

24 woman: pregnancy leave

77 woman's leave: husband's death

22 women' s working hours

23 women's legal works

91 work injury

27 work legal capacity

11 work permits

82 work regulations

48 work unsafe

37 work violation report

42 work, discontinuity of

28 work, no change

39 worker suspension

48 worker terminates

42 worker, detained

1 worker, the

80 worker's file

45 worker's leave: no termination

62 worker's rights, calculating

66 working hours: additional time

65 working hours: break times

66 working hours: overtime pay

64 working hours: weekly - daily

67 working hours: weekly rest


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